While motorcycles can be a fun and convenient way to get around New York, riders must still comply with state laws governing these vehicles. New York has one of the nation’s oldest and strictest universal motorcycle helmet laws, and failing to follow them can lead to serious consequences in personal injury cases.
At Chopra & Nocerino, our New York motorcycle accident lawyers help injured riders navigate insurance disputes, including claims in which an adjuster questions helmet use or other safety gear. We can review the circumstances of your crash, address arguments about helmet compliance, and pursue the compensation available under the law. If you or a family member was injured in a motorcycle accident, contact Chopra & Nocerino for a free case evaluation.
- New York requires all motorcycle riders and passengers to wear approved helmets, regardless of a rider’s age, experience, or how far they plan to travel.
- Riders must wear approved eye protection and daytime headlights and may not use earphones or helmet speakers while riding.
- Not wearing a helmet does not automatically deny injury claims; however, insurers may argue that not wearing a helmet worsened injuries.
New York's Universal Motorcycle Helmet Requirement (NYS VTL § 381)
Under Vehicle and Traffic Law Section 381, New York enforces a universal helmet law that requires every motorcycle operator and passenger to wear an approved helmet. This law applies to every rider, regardless of age, experience, or distance traveled.
Are There Any Exceptions to the Helmet Law in New York?
There are no exceptions to New York’s helmet laws. Some states have helmet laws that only apply to underage or less experienced riders, but New York’s helmet law makes no exceptions. The law is universal, meaning it requires every rider and passenger to wear a DOT-approved helmet.
If you’re riding a motorcycle in New York, you must wear a helmet—whether you’re a 16-year-old new rider or a confident motorcyclist with decades of experience.
Is There Any Additional Required Motorcycle Safety Gear in NY?
New York’s helmet laws encompass more than mandated headgear. Riders must also follow rules regarding safety equipment, including eye protection and headlights, as well as restrictions on audio and headset use.
Eye Protection
Under NYS VTL § 381(7), motorcycle operators must wear approved goggles or a face shield while riding. This requirement applies even when the motorcycle has a windshield.
Daytime Headlights
In accordance with NYS VTL § 381(2), motorcycle headlights must be turned on whenever the motorcycle is being operated on a New York roadway, including during daylight hours.
Audio and Headset Restrictions
NYS VTL § 375(24-a) prohibits riders from using earphones or helmet speakers in both ears while operating a motorcycle. However, riders may use a communication device in one ear.
The "Helmet Defense" and NY's Pure Comparative Fault Law
Video Transcript
Helmet laws in New York, I think, are very important for somebody who’s driving a motorcycle or a motorbike or anything for that nature. You’re risking your life.
When you’re thinking about personal injury, not having a helmet and then potentially having a TBI case or a broken neck, or potentially, spine surgery, or something of that nature, some of that could have been preventable.
So, there would be an apportionment of fault as to what your damage or your recovery could be if you weren’t wearing that helmet because those injuries would have never occurred had you been wearing that helmet, and you’re creating a big uphill battle for yourself by not following the laws.
You can seek compensation after a motorcycle crash even if you were not wearing a helmet. Under New York’s pure comparative fault rule, CPLR § 1411 does not automatically bar an injured rider from suing a negligent driver.
Insurance defense lawyers may still raise what is sometimes called the “helmet defense.” They may argue that failing to wear a helmet caused or worsened a head or neck injury and that your damages should be reduced as a result.
Any reduction based on comparative fault must relate to injuries a helmet could have prevented or lessened. For example, if a driver runs a red light and causes broken legs or internal bleeding, not wearing a helmet should not reduce your compensation.
At Chopra & Nocerino, our New York motorcycle accident lawyers can use medical experts and accident reconstructionists to challenge unsupported arguments about helmet use. We can work to establish what caused your injuries and whether wearing a helmet would actually have changed their severity.
What Are the Penalties for Not Wearing a Helmet in New York?
Failing to comply with New York’s motorcycle helmet law carries both legal and personal consequences, including:
- Fines: You may be fined up to $100 if you are caught riding a motorcycle without a helmet.
- License points: A helmet violation can add points to your driving record. The Department of Motor Vehicles may suspend your driver’s license if you accumulate too many points within an 18-month period.
- Insurance implications: Riding without a helmet may result in higher auto insurance premiums since insurers view noncompliant riders as a higher risk. The insurance company may see the violation as long as it remains on your record, so this financial consequence could follow you for many years.
- Increased injury severity: The most serious consequence of not wearing a helmet is the heightened risk of catastrophic or fatal head injuries.
These penalties highlight how seriously New York treats motorcycle safety. If you’ve been injured in a motorcycle accident, our firm can help you understand the full extent of the legal consequences of not wearing a motorcycle helmet in New York.
Let Us Protect Your Rights After a Motorcycle Crash
At Chopra & Nocerino, we are real New Yorkers who understand the risks motorcyclists face on the road. Insurance companies may try to shift blame onto injured riders by pointing to helmet use or other factors. Our attorneys know how to challenge these arguments and fight for the compensation you may be entitled to.
We have recovered substantial results for injured clients, including a $1.225 million settlement for a motorcyclist who suffered a severe leg injury after being ejected from his motorcycle and struck by a bus, as well as a $715,000 recovery for a motorist who was injured in a Bronx intersection crash and required a single-level spinal fusion.
If you have questions about how New York’s motorcycle helmet laws may affect your accident claim, contact us online or call 855-NYC-HURT for a free consultation. Our attorneys can listen to what happened, explain your legal options, and discuss the next steps for your case.
Awarded to a motorcyclist who was involved in an accident with a car. After the motorcyclist was ejected from his vehicle, he suffered a severe injury to his leg when it was run over by a bus.
Male motorist was injured when their vehicle was struck in a Bronx intersection and required single level spinal fusion.
